H.R. 1566 — REPAIR Act

This section prohibits motor vehicle manufacturers from employing technological or specified legal barriers that impair (A) vehicle owners or their designees from accessing vehicle-generated data; (B) owners, designees, aftermarket parts or equipment manufacturers or remanufacturers, diagnostic tool manufacturers, or repair facilities (or their distributors/service providers) from accessing critical repair information and tools; (C) owners or designees from using chosen towing/service providers; (D) such independent parties from producing compatible aftermarket parts; or (E) owners or designees from diagnosing, repairing, or maintaining vehicles as manufacturers or dealers do. The section requires manufacturers to provide vehicle-generated data to owners or designees—and critical repair information and tools to owners, designees, and independent parties listed above—without restriction, via vehicle ports (including OBD and J-1939) or wireless telematics, on the same terms (manner, time, method, cost less discounts/rebates, data set, protections) as provided to manufacturers, dealers, authorized providers, or other third parties. Further, the section (1) prohibits manufacturers (except for recall/warranty repairs) from mandating/implying mandates or recommending specific brands of parts/tools/equipment without a prominent notice allowing owner choice; (2) bars limits on the number/types of simultaneous designees; (3) clarifies manufacturers are not treated as owners/designees except for data access notifications; (4) provides rules of construction preserving intellectual property rights, barring requirements to divulge trade secrets (as defined in 18 U.S.C. § 1839) beyond items provided under the access requirements, and allowing security protections for data/systems/vehicles; and (5) requires recipients of vehicle-generated data to allow owner revocation of designee status without undue burden and to delete such data within 72 hours of owner request (except for maintenance, accounting, or safety record-keeping).

This section establishes the Fair Competition After Vehicles Are Sold Advisory Committee not later than 90 days after enactment of this Act, to be chaired by the Chair of the Federal Trade Commission (or designee) and composed of the Director of the Bureau of Competition (or designee), the Administrator of the National Highway Traffic Safety Administration (or designee), and 11 appointees representing independent motor vehicle repair facilities, parts retailers and distributors, original equipment and aftermarket parts and tools manufacturers, motor vehicle manufacturers and dealership service centers, consumer rights organizations, automobile insurers, and trucking companies. The committee advises the Commission on implementation of this Act, post-sale competition issues (including repair barriers), and ensuring motor vehicle owner control of vehicle-generated data; fosters industry collaboration; assesses repair barriers; and meets at least three times per year. The committee issues annual reports to the Commission assessing industry compliance with this Act and data access barriers (including whether additional data types should be included in the definition of vehicle-generated data), which the Commission submits within 30 days to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. The committee terminates upon majority agreement of its members, with 30 days' prior notice to those congressional committees.

This section directs the National Highway Traffic Safety Administration (NHTSA), in consultation with the Commission, to promulgate regulations under the Administrative Procedure Act (5 U.S.C. §553)—which generally requires notice-and-comment rulemaking—not later than 180 days after enactment. The regulations require motor vehicle manufacturers and dealers to inform motor vehicle owners of their rights under this Act at the point of purchase.

This section establishes Federal Trade Commission (FTC) enforcement authority for violations of this Act and its regulations. Specifically, the section (1) treats such violations as violations of a rule under FTC rulemaking authority for unfair or deceptive acts or practices (15 U.S.C. 57a(a)(1)(B)); (2) authorizes the FTC to enforce the Act using all powers, jurisdiction, duties, penalties, privileges, and immunities provided under the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (3) creates a complaint process by which any person may file a complaint with the FTC alleging a violation, requiring the named party to respond in writing within a reasonable time set by the FTC, relieving the party of liability if it ceases the conduct and makes reparation, directing the FTC to investigate otherwise (without dismissing for lack of direct damage to the complainant), and requiring the FTC to issue a final order concluding the investigation within 5 months of the complaint filing (appealable to the U.S. District Court for the District of Columbia).

This section establishes definitions for 20 terms used in the Act, including (1) aftermarket part (excluding original motor vehicle equipment); (2) agency (as defined in 5 U.S.C. §551); (3) authorized motor vehicle service provider; (4) automated driving system (incorporating SAE International standard J3016, excluding certain motor vehicle components); (5) barrier; (6) critical repair information and tools (i.e., technical information, software, and equipment needed to diagnose, repair, service, or recalibrate motor vehicles); (7) motor vehicle owner (excluding manufacturers and certain agents); (11) motor vehicle (as defined in 49 U.S.C. §30102(a) and 49 C.F.R. §390, excluding vehicles equipped with an automated driving system); and (20) specified legal barrier (e.g., waiver requests or requirements conditioning vehicle purchase, lease, operation, or warranty repairs).

This section directs the Commission to submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 2 years after the date of enactment of this Act and every 2 years thereafter. The report must include (1) a summary of investigations conducted and orders issued under section 5(c), including descriptions of unfair practices relating to repair and data access restrictions and a summary of best practices from stakeholders; (2) actions by the Commission to adapt to changes and advances in motor vehicle technology to maintain competition in the motor vehicle aftermarket and ensure motor vehicle owners maintain control over vehicle-generated data; and (3) any recommendations for legislation to improve the ability of the Commission and other relevant agencies to protect consumers from unfair acts limiting competition in motor vehicle repair and strengthen consumer control over vehicle-generated data.

This section preempts state and local laws, rules, regulations, requirements, standards, or other provisions having the force of law that are covered by this Act or regulations promulgated under it.

This section provides a severability clause, stating that the invalidation of any provision of the Act, or its application to any person or circumstance, does not affect the remainder of the Act or the application of that provision to other persons or circumstances.